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Tax Deductions Settlement False Claims Act (FCA)

ArentFox Schiff

Investigations Newsletter: Manufacturer to Pay Over $37.5 Million to Resolve False Claims Act Allegations

ArentFox Schiff on

DOJ News - Manufacturer to Pay Over $37.5 Million to Resolve False Claims Act Allegations - On January 15, 2015, the DOJ announced that ResMed Corp., a manufacturer of durable medical equipment, agreed to pay over...more

Baker Donelson

Tax Reform Impacts Resolutions of FCA Enforcement Actions

Baker Donelson on

The tax reform law passed in December 2017 establishes requirements and conditions for the tax deductible treatment of payments made to the government to resolve enforcement actions. See 26 U.S.C. § 162(f) (2018); see also...more

Katten Muchin Rosenman LLP

Recent Legislation Limits Settlement Payment Tax Deductions

The recently enacted "Tax Cuts and Jobs Act of 2017" (P.L 115-97) (the "Act") made, among others, significant changes to the rules that govern whether taxpayers can deduct as business expenses certain settlement payments made...more

McGuireWoods LLP

How Is a Relator’s Recovery in an FCA Settlement Taxed?

McGuireWoods LLP on

This rarely litigated question was presented to the Seventh Circuit in Patrick v. Commissioner of Internal Revenue, No. 14-2190, 2015 WL 5024985, — F.3d —- (Aug. 26, 2015). Previously, the First Circuit, in Fresenius Medical...more

Latham & Watkins LLP

First Circuit Liberalizes Tax Deductibility Standard of False Claims Act Settlements

Latham & Watkins LLP on

Appellate court affirms $50 million tax refund to FCA defendant, holding that the “economic realities” of settlement payments determine whether they are compensatory. Civil False Claims Act (FCA) settlements, which...more

King & Spalding

First Circuit Rules in Favor of Dialysis Operator in Tax Dispute

King & Spalding on

On August 13, 2014, the United States Court of Appeals for the First Circuit affirmed a district court’s judgment in a tax dispute proceeding that Fresenius Medical Care Holdings, Inc. (Fresenius) was entitled to more than...more

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